Vevhu approached this court on an urgent basis in terms of rule 40 of the Commercial Court Rules SI 123-20. It sought a provisional order, pending arbitration, interdicting Operation Nehemiah from carrying out certain civil works on a tract of land known as Lot 12 of Spitzkop. This parcel of virgin land (“Lot 12”), lies due west of Harare in the rural district of Zvimba. More
On 21 November 2023, applicant unsuccessfully moved to have this matter heard on an urgent basis. On 23 November 2023, I handed down the reasons, under judgment number HH 628-23, for deferring the matter to the ordinary roll. The matter was, in due course, set down on the normal roll and argued on the merits on 18 January 2024. Herewith the judgment. More
This is an urgent chamber application for an interdict. What can be gathered from the papers filed is the following. The applicant is the registered owner of mining claims held under claim numbers 47323, 47324, 47325, 47326 and 47327 which were issued by the Ministry of Mines and Mining Development in terms of the Mines and Minerals Act [Chapter 21:05] in May 2020. On 26 August 2020 the respondent was issued with a mining certificate under Shamva ‘X’ mine, registration number 47622 which mining claim falls on an area covered by the applicant’s mining claims. This resulted in a dispute... More
The applicant seeks recognition and registration of an arbitral award granted in its favour by an arbitrator. The parties entered into an agreement whereby the respondent would lease the applicant’s service station in Rusape for purposes of selling its fuel and petroleum products. The respondent operates several such service stations countrywide.
[2] A dispute arose between the parties as to when the lease agreement was set to expire. This was after the applicant wrote to respondent advising it of its intention to repossess the premises. Whether the respondent ought to have vacated the premises on the date that applicant argues... More
This is an application for summary judgment.
On 18 January 2010, the plaintiff issued summons out of this court seeking an order evicting the defendant from certain premises situate at number 19 guest Avenue, Alexander Park, Harare. The plaintiff also sought an order compelling the defendant to settle arrear rentals in the sum of US$ 9 500 and holding over damages at the rate of $500-00 per month from the date of summons to date of payment in full. It was the plaintiff’s allegation in the summons that the parties entered into an agreement of lease in terms of which... More
